Andrew Feinberg Profile picture
Nov 4, 2021 10 tweets 1 min read Read on X
Judge to Justin Clark in Trump/NARA hearing: "isn't the person who is best able and in a position to determine the executive privilege the executive?"

Clark: "I don't agree with that."

This isn't going well for him so far.
"The separation of powers issue...I find hard to discern here because in a rare instance, the executive branch and the legislative branch are in agreement," the judge says.
"I don't see why the separation of powers argument that you are talking about exists," she adds.
The judge seems very skeptical of Clark's argument that releasing documents to Congress would cause Trump irreparable harm.
"We're not talking about commercial proprietary information because all relating to matters before your client became President. we're talking about documents that are quintessentially about government business, are we not?"
Judge: "How is your client harmed by the release of White House visitor logs?"

Clark can't really say.

Judge asks again: "Tell me how your client is harmed by the release of White House visitor logs".
Clark: I can't articulate a specific harm without seeing the specific documents.
Clark now arguing that allowing the documents to be released would open the door for partisan document releases.
Shapiro (arguing for NARA) says the case is indeed a first impression case, but says court has weighed privilege claims before.
She says Nixon v GSA (frequently cited by Clark) assigns "greatest weight" to the incumbent president's decisions.

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More from @AndrewFeinberg

Jul 17
Loudest cheers of the night so far for convicted criminal Peter Navarro, who was released from federal custody earlier today.
Navarro opens with a joke: "I think you folks just want to know if you can see my MAGA tattoo I got there."
Navarro says GOP needs to have control of the entire government to prevent Republicans from being charged with crimes: "If we don't control all three branches of our government...their government will put some of us like me and Steve Bannon in prison and control the rest of us."
Read 4 tweets
Jun 29, 2023
NEW: Federal prosecutors are prepared to seek indictments against multiple figures in former president Donald Trump’s orbit and may yet bring additional charges against the ex-president in the coming weeks, The @Independent has learned independent.co.uk/news/world/ame…
Per sources familiar, the Justice Department has made preparations to bring a superseding indictment against Mr Trump and could do so in several different venues, depending on how prosecutors feel the case against him in Florida is going. independent.co.uk/news/world/ame…
Prosecutors are now prepared to “stack” an “additional 30 to 45 charges” on top of the indictment brought against Mr Trump on 8 June, using evidence that has not been publicly acknowledged, including other recordings prosecutors have obtained of Mr Trump. independent.co.uk/news/world/ame…
Read 4 tweets
May 25, 2023
SCOOP: The IRS agent who claims @TheJusticeDept has slow-walked the Hunter Biden tax probe is refusing to speak to the Democratic-led @SenateFinance committee even as he cooperates with @WaysandMeansGOP. independent.co.uk/news/world/ame…
The agent, Gary Shapley, cancelled a meeting with SFC staff and has cut off communication with the panel ahead of planned House testimony on Friday. independent.co.uk/news/world/ame…
Shapley says DOJ officials have slow-walked the Hunter probe and retaliated against him by removing his team. But law enforcement veterans say the removal is standard when an investigation reaches the stage where prosecutors decide whether to indict. independent.co.uk/news/world/ame…
Read 5 tweets
Apr 5, 2023
Trump’s lawyers are probably not enjoying these remarks, as he’s going on and on about how declassifying things is “automatic” when he took things from the White House.
Now he’s ranting about @NewYorkStateAG’s lawsuit and how he’s “under leveraged”
It is accurate for him to describe his youngest son as “tall”.
Read 5 tweets
Feb 7, 2023
NEW: Excerpts from @POTUS' #StateOfTheUnionAddress tonight —

"The story of America is a story of progress and resilience…We are the only country that has emerged from every crisis stronger than when we entered it. That is what we are doing again. Two years ago our economy...
... was reeling. As I stand here tonight, we have created a record 12 million new jobs – more jobs created in two years than any president has ever created in four years. Two years ago, COVID had shut down our businesses, closed our schools, and robbed us of so much...
....Today, COVID no longer controls our lives. And two years ago, our democracy faced its greatest threat since the Civil War. Today, though bruised, our democracy remains unbowed and unbroken."
"My economic plan is about investing in places and people that have been forgotten...
Read 8 tweets
Jan 14, 2023
🧵Here’s what happened.

A lawyer who lacks a valid security clearance was looking through a box at @JoeBiden’s home when he discovered a paper with classification markings.

It is illegal for the lawyer to view such papers, so he stopped his search rather than keep looking… 1/
…to see if there were *more* documents that would’ve been a crime for him to look at.

Instead, he called someone who is permitted to look at such things without risk prison time.

That person finished the job and found five more pages, allowing the search to be finished… 2/
…without anyone committing a felony.

Generally, lawyers prefer to get through their day without doing crimes, which is why (per @jdawsey1 / @JaxAlemany) even a Trump lawyer, Alex Cannon, told Trump aides not to go through the boxes stashed at Mar-a-Lago because they… 3/
Read 4 tweets

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